HomeMy WebLinkAboutRES NO 80-91RESOLUTION NO. 8 0 - 9 1
RESOLUTION REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF KERN APPROVE THE TAKING OF
CERTAIN PROCEEDINGS PURSUANT TO THE
MUNICIPAL IMPROVEMENT ACT OF 1913
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 91-1
(HOSKING TRUNK SEWER)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BAKERSFIELD as follows:
WHEREAS, it is the intention of the City of Bakersfield
(the "City") to undertake certain work and assessment proceedings
pursuant to the Municipal Improvement Act of 1913 (the "Act"); and
WHEREAS, a portion of the work and a portion of the
territory to benefit from such work is located in an unincorporated
area of the County of Kern (the "County"); and
WHEREAS, pursuant to the Act, the consent of the Board of
Supervisors of the County is required for the contemplated
proceedings; and
WHEREAS, a form of resolution of intention to undertake
such proceedings and a map indicating by a boundary line the extent
of the territory included in the proposed assessment district have
been submitted to this Council, copies of which are attached hereto
as Exhibits A and B, respectively; and
WHEREAS, the public interest and convenience will be
served by the work and proceedings contemplated hereunder and the
purposes sought to be accomplished by the work and proceedings can
best be accomplished by a single, comprehensive scheme of work;
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND
ORDERED AS FOLLOWS:
1. The Council requests that the Board of Supervisors
of the County of Kern approve the proposed resolution of intention
and the boundary map for the City of Bakersfield Assessment
District No. 91-1 (Hosking Trunk Sewer), and thereby assent to the
City's assumption of jurisdiction of the unincorporated area to be
included in the assessment district for all purposes of the
assessment proceedings, including but not limited to the completion
of the work, the levying, collecting and enforcement of the
assessments, and the issuance of bonds representing unpaid
assessments. The City Council requests that such approval be
granted with the understanding that the City Council may make
adjustments in the boundaries of Assessment District 91-1 and may
make such changes in the resolution of intention as it deems
necessary and desirable to carry out the purpose of the
proceedings.
2. The City Clerk is hereby directed to file with the
Board of Supervisors of the County, a certified copy of this
resolution together with a copy of the proposed resolution of
intention and a copy of the boundary map.
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 22nd day of May, 1991, by the following
vote:
Edwards, DeMond, Smith, Brunni,
AYES: COUNCILMEMBERS: McDermott, Salvaggio
NOES: COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Peterson
ABSTENTIONS:
COUNCILMEMBERS: None
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED AS TO FORM:
Richard Hargrove ~
BOND COUNSEL
COUNT~SRS I..GNED~:
of Bakersfield
700376DA.R05
- 2 -
EXHIBIT "A"
RESOLUTION OF INTENTION NO.
FOR IMPROVEMENT PROJECT
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 91-1
(HOSKING TRUNK SEWER)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL (the
"Council") OF THE CITY OF BAKERSFIELD AS FOLLOWS:
1. It is the opinion of the Council and the Council
does find and declare that the public interest, convenience and
necessity require, and it is the intention of the Council to order,
the improvements set forth in Exhibit "A" attached hereto, and by
this reference made a part hereof, in an assessment district
designated City of Bakersfield Assessment District No. 91-1
("A.D. 91-1"), the exterior boundaries of which are shown on the
map on file with the City Clerk and approved by the Council on
, by Resolution No.
2. It is the intention of this Council to levy an
assessment for the construction and installation of the
improvements described herein. Such assessment will be levied
pursuant to the Municipal Improvement Act of 1913 (specifically,
Section 10100.6 of Division 12, of the Streets and Highways Code of
the State of California).
EXHIBIT "A"
A-1
3. Whenever any public way is herein referred to as
running between two public ways, or from or to any public way, the
intersections of the public ways referred to are included to the
extent that work shall be shown on the plans to be done therein.
4. Whenever any work is herein referred to as being
constructed in an easement, it will include all work in intervening
or termini streets to the extent that work shall be shown on the
plans to be done therein.
5. All of said work and improvements are to be
constructed at the places and in the particular locations, of the
forms, sizes, dimensions, and materials, and at the lines, grades
and elevations as shown and delineated upon the plans, profiles and
specifications to be made therefor, as hereinafter provided.
6. There is to be excepted from the work herein
described any work already done to line and grade and marked
"excepted" or shown "not to be done" on said plans, profiles, and
specifications.
7. Notice is
cases, said improvements
hereby given of the fact that, in many
will bring the finished work to a grade
extent,
different from that formerly existing, and that to said
said grades are hereby changed and the work will be done to said
changed grades.
EXHIBIT "A"
A-2
8. The Council does hereby adopt and establish as the
official grades for such work, the grades and elevations to be
shown upon said plans, profiles, and specifications. All such
grades and elevations are to be in feet and decimals thereof with
reference to the datum plane of the City of Bakersfield.
9. In cases where there is any disparity in level or
size between the improvements proposed to be made herein and
private property and where it is more economical to eliminate such
disparity by work on said private property than by adjustment of
the work on public property, it is hereby determined that it is in
the public interest and more economical to do such work on private
property to eliminate such disparity. In such cases, said work on
private property shall, with the written consent of the owner of
said property, be done and the actual cost thereof may be added to
assessment of the lot on which said work is to be
the proposed
done.
10.
constructed
The descriptions of the improvements to be
and the termini of the work contained in this
resolution are general in nature. All items of work do not
necessarily extend for the full length of the description thereof.
The plans and profiles of the work, and maps and descriptions, as
contained in the Engineer's Report, shall be controlling as to the
correct and detailed description thereof.
EXHIBIT "A"
A-3
11. Said contemplated improvements, in the opinion of
the Council, is of more than local or ordinary public benefit, and
the costs and expenses thereof, together with any expenses
incidental thereto, are made chargeable upon A.D. 91-1, which the
City declares to be the assessment district benefitted thereby.
The exterior boundaries of A.D. 91-1 are the composite and
consolidated area as more particularly shown on the map of
A.D. 91-1 on file in the office of the City Clerk and approved by
the Council by Resolution No. and to which reference is
hereby made for further particulars. Said map indicates by a
boundary line the extent of the territory included in A.D. 91-1 and
shall govern for all details as to the extent of A.D. 91-1. The
City Clerk is direclted to endorse, file, and transmit copies of
said map, all as provided in Parts 1 and 2 (beginning with
Section 3100) of Division 4.5 of the Streets and Highways Code.
12. The Council further declares that all public streets
and highways within A.D. 91-1 and in use in the performance of
public function, shall be omitted from the assessment.
13. Notice is hereby given that serial bonds to
represent the unpaid assessments, bearing interest at the rate of
not to exceed twelve percent (12%) per annum, will be issued
hereunder in the manner provided in the Improvement Bond Act of
1915, Division 10 of the Streets and Highways Code. The last
installment of such bonds shall mature a maximum of thirty-nine
EXHIBIT "A"
A-4
(39) years from the second day of September next succeeding twelve
(12) months from their date. The provisions of Part 11.1 of said
Act, providing an alternative procedure for the advance payment of
assessments and the calling of bonds shall apply.
The Council further determines and declares that the
principal amount of the bonds maturing in each year shall be other
than an amount equal to an even annual proportion of the aggregate
principal of the bonds.
There shall be included in the total assessment proposed
to be levied herein an incidental expense to cover the estimated
cost printing, servicing, and collecting the
proposed to be issued to represent the
of preparing,
improvement bonds
assessments.
14. Except as herein otherwise provided for the issuance
of bonds, all of said improvements shall be done pursuant to the
provisions of the Municipal Improvement Act of 1913, as amended.
15. Reference is hereby made to proceedings had
concerning A.D. 91.-1 pursuant to Division 4 of the Streets and
Highways Code on file in the office of the City Clerk.
16. The proposed improvements are hereby referred to the
Engineer of Work, being a competent person employed by the City for
that purpose; and said Engineer is hereby directed to make and file
with the City Clerk, a report in writing presenting the following:
EXHIBIT "A"
A-5
a. Plans and specifications of the proposed
improvements to be made pursuant to this resolution.
b. A general description of works or appliances
already installed and any other property necessary or
convenient for the operation of the improvements if the works,
property are to be acquired as part of the
appliances, or
improvements.
c. An estimate of the costs of the improvements
and of the costs of lands, rights-of-way, easements, and
incidental expenses in connection with the improvements,
including any cost of registering bonds.
d. A diagram showing, as they existed at the time
of the passage of this Resolution of Intention, all of the
following:
(1) The exterior boundaries of A.D. 91-1;
(2) The boundaries of any zones within
A.D. 91-1;
(3) The lines and dimensions of each parcel
of land within A.D. 91-1.
Each subdivision, including each separate condominium
interest, as defined in Section 783 of the Civil Code, shall
be given a separate number upon the diagram. The diagram may
refer to the County Assessor's maps for a detailed description
of the lines and dimensions of any parcels, in which case
EXHIBIT "A"
A-6
those maps shall govern for all details concerning the lines
and dimensions of the parcels.
(e) A proposed assessment of the total amount of
the costs and expenses of the proposed improvement upon the
several subdivisions of land in A.D. 91-1 in proportion to the
estimated benefits to be received by each subdivision,
respectively, from the improvement.
When any portion or percentage of the costs and
expenses of the improvements is ordered to be paid out of the
treasury of the City, pursuant to Section 10201, the amount of
that portion or percentage shall first be deducted from the
total estimated costs and expenses of the improvements, and
said assessment upon property proposed in the report shall
include only the remainder of the estimated costs and
expenses. The assessment shall refer to said subdivisions by
their respective numbers as assigned pursuant to subdivision
(d) of this Section.
(f) A proposed maximum annual assessment, if any,
upon each of the several subdivisions of land A.D. 91-1 to pay
costs incurred by the City and not otherwise reimbursed which
result from the administration and collection of assessments
or from the administration or registration of any associated
bonds and reserve or other related funds.
EXHIBIT "A"
A-7
17. It ls the intention of this Council that all
eligible sums under Section 10112 of the Streets and Highways Code
advanced by the City to A.D. 91-1 shall be reimbursed to said City
from assessment district funds.
18. Notice is hereby given that, in the opinion of the
Council, the public interest will not be served by allowing the
property owners to take the contract for any construction which is
to be performed by the City and that, pursuant to Section 20487 of
the Public Contract Code, no notice of award of contract shall be
published; and further that the improvements of A.D. 91-1 are
proposed to be acquired by the City.
19. It is the intention of this Council to commence and
diligently pursue to completion any foreclosure action regarding
delinquent installments of any assessments which secure said bonds,
pursuant to California Streets and Highways Code Section 8833(b).
Said foreclosure actions shall be commenced within one hundred
fifty (150) days from the date of delinquency.
20. If any excess shall be realized from the assessment,
it shall be used, in such amount as the Council may determine, in
accordance with the provisions of law, for one or more of the
following purposes:
EXHIBIT "A"
A-8
a. Transfer to the general fund of the City,
provided that the amount of any such transfer shall not exceed
the lesser of $1,000
the improvement fund;
b. As a
or 5% of the total amount expended from
credit upon the assessment and any
supplemental assessment as provided in Section 10427.1 of the
Streets and Highways Code; or
c. For the maintenance of the improvements.
21. The estimated cost of said project is $2,500,000 of
which the estimated amount of $2,500,000 will be assessed.
22. The City of Bakersfield Public Works Department,
1501 Truxtun Avenue, Bakersfield, California, is hereby designated
as the place to call regarding any protest proceedings for
A.D. 91-1. The City staff may be contacted during the hours of
8:00 a.m. to 5:00 p.m., Monday through Friday, in person or by
calling (805) 326-3724. The City staff will take contact
information and a representative of the Engineer of Work acting for
and on behalf of the City will respond to questions. Notices to
the public may also provide information for making direct contact
with the Engineer.
23. The City will not obligate itself to advance funds
from the City treasury to cure any deficiency which may occur in
the bond redemption fund. A determination not to obligate itself
EXHIBIT "A"
A-9
shall not prevent the City from, in its sole discretion, so
advancing funds.
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the day of , 1991,
by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
APPROVED this day of
, 1991
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
Richard Hargrove
BOND COUNSEL
COUNTERSIGNED:
CITY ATTORNEY of the
City of Bakersfield
700376DA.R06
EXHIBIT "A"
A-10
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